77-1-701. Definitions. When used in this part, unless a different meaning clearly appears from the context, the following definitions apply:

Terms Used In Montana Code 77-1-701

  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201

(1)”Ownership record” means the original deed, abstract, and any other instrument signifying state ownership or other interest in real property.

(2)”State agency” means any board, bureau, department, commission, or officer of the state.

(3)”State land” means land held, possessed, or administered by the state by virtue of fee simple title, grant, or deed. This term does not include:

(a)land acquired through investments under the provisions of 17-6-201;

(b)land used by virtue of an interest temporary in nature, such as a lease, license, or permit; or

(c)land used for easements and rights-of-way.